This chapter shall be known and may be cited as the "Zoning Regulations of the Village of Dering Harbor."
The Board of Trustees of the Village of Dering Harbor has appropriately availed itself of the powers conferred by the Village Law of the State of New York to enact building zone regulations by duly appointing a Zoning Commission pursuant to the provisions of § 7-710 of such law, and such commission has filed a preliminary report, held a public hearing thereon, and thereafter filed a final report. The report and proposals of the Zoning Commission appointed to consider the advisability of enacting regulations affecting the use of land, the erection of structures thereon and other matters is, in large measure, factually correct and in general contains sound judgments, conclusions and recommendations. The Village Clerk is, therefore, directed to maintain a permanent file of such report and similar relevant material for background and reference.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Accordingly, the Board of Trustees finds and determines as a basis for establishing a general policy on development and zoning and the regulation thereof:
[Amended 11-4-2000 by L.L. No. 2-2000]
The Village of Dering Harbor is peculiarly unique not only in that it is the smallest Village in the state, but that it is situated on Shelter Island, which comprises an entire town with its own zoning ordinance providing for adequate nearby community shopping and other facilities as well as a wide variety of housing types permitted and existing. Moreover, the land in the entire Village is subject to covenants running with the land which precludes any commercial or industrial uses or activities. This chapter recognizes these facts and the relationship between the Village and the town of which it is a part.
The natural beauty of the Village, with its rare undisturbed wooded area, its tidal marshes too important to ecology, its scenic outlooks over Dering Harbor, Greenport Harbor and Peconic Bay, its limited existing public facilities consisting primarily of a public water supply system and public thoroughfares not designed for any considerable traffic carrying capacity are also recognized in these regulations which are designed among other things to preserve to the maximum extent possible the unspoiled character of the land and the limited existing development and residential environment.
Regulations should be and are hereby made which will conserve the natural beauty of the terrain and maintain the existing pattern of development along residential lines, relying upon nearby areas in the town and the inter-community composite of which it is a part for the other than residential services and opportunities necessary to the inhabitants of the Village. The Board of Trustees therefore directs that no commercial activity is allowed to take place within the boundaries of the Village of Dering Harbor.
Appropriate levels of the intensity of land occupancy must be and hereby are established to preserve and protect existing community values by preventing inharmonious or deleterious uses, particularly those uses which can be more appropriately and economically provided elsewhere in the larger intercommunity area, such as any commercial activity, and to obviate the construction of public highways, sanitation and other facilities and the furnishing of municipal services.
The water supply system of the Village should be protected from pollution and demands on its capacity beyond its ability to cope.
The character, stability, integrity, and the value of the land of the community should be preserved and protected.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
This chapter establishing and adopting zoning regulations pursuant to Article 7 of the Village Law of the State of New York and, for the purposes set forth therein, is enacted in accordance with a Comprehensive Plan for the development of the Village and designed to protect and promote the public health, safety and welfare, which plan is derived from the foregoing basic findings and related development policies and has the following purposes:
To guide the future growth and development of the Village in accordance with a Comprehensive Plan that represents the most beneficial and convenient relationships among the areas within the Village, considering the suitability of and potential for the uses and regulations applicable, having regard for existing conditions and trends both within the Village and in adjoining areas.
To provide adequate light, air and privacy; to secure safety from fire and other danger and to prevent overcrowding of the land and undue congestion of population.
To protect the established character and the social and economic stability of the Village, ensure that all development shall be orderly and beneficial, balance public and private interests, conserve land value, facilitate the adequate provision of transportation, water, sewerage and other public requirement and services by limiting development to a degree commensurate with the availability and capacity of such public facilities and services, prevent the pollution of the land, water and environment, safeguard water resources and encourage the wise use and sound management of natural resources throughout the Village to preserve the beauty of the community and the value of the land.
Word usage generally. For the purpose of this chapter, words in the singular include the plural and those in the present tense shall also imply the future tense. The word "person" includes a corporation as well as an individual; the words "shall" and "must" are always mandatory, and the words "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged, or designed to be used or occupied." As a general rule of construction, words shall be accorded their common meaning unless otherwise defined or the context requires a different interpretation, bearing in mind the central purpose of this chapter. The word "Village" means the Incorporated Village of Dering Harbor; "Board of Trustees" means the duly elected Board of Trustees of said Village; "Board of Appeals" means the duly appointed Board of Appeals of the said Village; "town" means the Town of Shelter Island.
Word usage specifically. The following words and phrases shall, for the purpose of this chapter, unless otherwise expressly stated, have the meaning herein indicated:
- ACCESSORY BUILDING
- A building or structure which is subordinate to the principal building on the same lot, such as a barn, boathouse, garage, greenhouse, playhouse, stable, swimming pool, or dish antenna, whether attached or detached to or from the principal building or any other building on the lot. An accessory building may not contain kitchen facilities. Sleeping and sanitary facilities are permitted only as authorized under § 230-23. An accessory building must meet these requirements whether it is attached or separate from a principal building or any other building or structure, or accessory building.[Amended 4-5-1986 by L.L. No. 1-1986; 11-4-2000 by L.L. No. 2-2000; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
- ACCESSORY USE
- A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
- The standard measure of area referred to a lot exclusive of any portions within the bed of a public street.
- A structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or chattels.
- BUILDING AREA
- The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings.
- A building, or part thereof, including any appurtenances, used and occupied, or intended to be so used, for human habitation.
- One or more persons living together in a single dwelling
unit as a traditional family or the functional equivalent of a traditional
family. It shall be a rebuttable presumption that four or more persons
living together in a single dwelling unit, who are not related by
blood, adoption, or marriage, do not constitute the functional equivalent
of a traditional family. In determining the functional equivalent
of a traditional family, the following criteria shall be present:[Amended 4-5-1986 by L.L. No. 1-1986; 6-14-1986 by L.L. No. 3-1986; 11-4-2000 by L.L. No. 2-2000; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
- (1) The group shares the entire dwelling unit.
- (2) The group lives and cooks together as a single housekeeping unit.
- (3) The group shares expenses for food, rent, utilities or other household expenses.
- (4) The group is permanent and stable, and not transient or temporary in nature.
- (5) Any other factor reasonably related to whether the group is the functional equivalent of a family.
- All the property abutting on one side of a street between two intersecting streets, measured along the street line; or, in the case of a waterfront lot, measured along the ordinary high-water line between the adjacent street or lot lines.
- HEIGHT OF A BUILDING
- The vertical distance measured in the case of a building with a flat roof, from the finished grade level to the level of the highest point of the roof beams, and in the case of a building with a pitched roof, from the finished grade level to a point halfway between the top of the plate and the ridge.
- HOME OCCUPATION
- Any use customarily conducted within a dwelling, provided it is carried on solely by the residents of the dwelling, is clearly incidental and secondary to the use of the dwelling for dwelling purposes, does not change the character of the dwelling and there is no external evidence of such use.
- A parcel of land, whether or not shown as a single lot on a duly recorded plat, occupied or designed to be occupied by one dwelling and the accessory buildings or uses customarily incident to it, including such open spaces as are arranged and designed to be used in connection with such buildings and as are required under the provisions of this chapter, having not less than the minimum area and width required in the district in which such land is situated and having frontage on a street or on such other means of access as may be determined in accordance with the provisions of the law to be adequate as a condition of the issuance of a building permit for a building on such land.
- LOT WIDTH
- The distance from side lot line to side lot line of a lot, measured along the front street line or parallel thereto at that roofed portion of a structure nearest to the street line.
- NONCONFORMING USE
- A building, structure or use of land lawfully existing at
the time of the effective date of this chapter or an amendment hereto
which does not conform to the regulations pertaining to the district
in which it is located.[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
- The horizontal distance from a lot line to the part of a building nearest thereto.
- Every kind of billboard, signboard and other shape, device or display arranged, intended, designed, used or having the effect of an advertisement, announcement, or direction, including any text, symbols, marks, letters or figures painted on or incorporated in the composition of the exterior surface of a building, structure or vehicle except a vehicle moving along a street or owned by a public utility and being necessarily parked on a street, and except a poster or announcement required or permitted by law to be displayed on any premises or structure.
- STRUCTURAL ALTERATION
- Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof.
- Anything constructed or erected the use of which requires location on the ground or attachment to something having a location on the ground.
- SWIMMING POOL
- Any body of water, other than tidal or a natural pond, or receptacle for water having a depth at any point greater than two feet, used or intended to be used for swimming or bathing, and constructed, installed or maintained in or above the ground outside, in whole or in part, any building.
- The specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied, improved or maintained.
- WATERFRONT FACILITY
- A bulkhead, pier, wharf, revetment, dock, piling, or similar
structure to which a vessel or watercraft may be secured, such building
on such structures or contiguous to them used for the storage of equipment
and changing of clothes, including a boathouse or bathhouse, and other
structures necessary for access to the water from the upland area,
including walkways, paths, boardwalk, stairs and steps.[Added 6-8-2019 by L.L. No. 4-2019]
- In the case of a front yard, the space within and extending the full width of the lot from the front yard line (or, if a lot is bounded by tidal water, from the ordinary high-water line) to the part of the principal building which is nearest to such front or ordinary high-water line; in the case of a rear yard, the space within and extending the full distance from the rear lot line to the part of the principal building which is nearest to such lot line; in the case of a side yard, the space within the lot extending the full distance from the front yard to the rear yard and from the side lot line to the part of the principal building which is nearest to such side lot line.